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Archive: July, 2010

Posts in July, 2010

Company Law Settlement Scheme, 2010 for defaulting companies

July 1, 2010 1488 Views 0 comment Print

The objective of CLSS is to give an opportunity to defaulting companies to enable them to make their default good by filing belated documents and to become a regular compliant in future. CLSS would condone the delay in filing documents with the Registrar of Companies (ROC), grant immunity from prosecution by levying additional fee of 25% of actual additional fee payable for filing belated documents under the Act and the rules made there under.

Easy Exit Scheme, 2010 for “defunct companies” under Companies Act, 1956

July 1, 2010 1042 Views 0 comment Print

Ministry of Corporate Affairs (MCA), Government of India has on 26 May 2010 introduced Easy Exit Scheme, 2010 (EES) under the Companies Act, 1956 (the Act) to provide a fast track exit for “defunct companies” to get their names struck off from the records of the Register of Companies (ROC). The salient features of the scheme are as under:

Business Profits of Permanent Establishment (PE) not taxable on gross basis as Fees for Technical Services

July 1, 2010 1486 Views 0 comment Print

The assessee, a division of Technical Resources Prt. Ltd. Australia, had entered into contracts with Rio Tinto India Pvt. Ltd. (RTIPL) for evaluation of coal deposits in Maharashtra and Orissa and for corresponding feasibility studies for transporting the same.

Notification No. 27/2010-Central Excise (N.T.); Dated: 01.07.2010

July 1, 2010 649 Views 0 comment Print

supplied for the use of foreign diplomatic missions or consular missions or career consular offices or diplomatic agents in terms of the provisions of notification No. 6/2006- Central Excise dated the 1st March, 2006, number G.S.R.96(E), dated the 1st March, 2006; or”

Capital gain on sale of assets of Permanent Establishment (PE) is taxable in India even when PE ceased to exist

July 1, 2010 1387 Views 0 comment Print

The Tribunal concluded that the sale of rig was precursor to the process of cessation of PE, termination of the contract and movement of equipment in international waters. The rig was situated in India when the process of sale had commenced and substantially completed. The deferral of receipt of part sale consideration and postponement of handing over of the rig was immaterial, so far as tax liability in connection with the sale of PE or its assets are concerned.

Amendments in the Handbool of Procedures (Vol-1), 2009-14 – addition of sub-paragraph 4.4.5- DGFT PUBLIC NOTICE No 78/2009-14

July 1, 2010 367 Views 0 comment Print

Where import of meat and meat products of any kind including fresh, chilled and frozen meat, tissue or organs of poultry, pig, sheep, goat; egg & egg powder; milk & milk products; bovine, ovine and caprine embryos, ova or semen; and pet food products of animal origin has been sought as an input under Advance Authorisation, the RA, while issuing advance authorisation, shall endorse a condition that before effecting imports of any of these inputs, Sanitary Import Permit shall be obtained from the Department of Animal Husbandry, Dairying and Fisheries (DAHDF). RA shall also endorse a copy of authorisation to DAHDF, Krishi Bhawan, New Delhi.

New Office address of Federation of Gujarat -Industries (Amendment in Appendix 4C)- DGFT Public Notice No. 77/2009-14

July 1, 2010 408 Views 0 comment Print

In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy 2009-2014, the Director General of Foreign Trade hereby makes the following amendment in Appendix 4C (List of Agencies Authorised to Issue Certificates of Origin – Non Preferential) of the Handbook of Procedures (Vol.I):

Recent High Court decisions on service tax on “Renting of Immovable Property” services

July 1, 2010 954 Views 0 comment Print

The Hon?ble Delhi High Court in case of Home Solution Retail India Ltd. Vs. Union of India and Others (2009- TIOL-196-HC-DEL-ST) had held that renting per se is not a taxable service under the provisions of Section 65(105)(zzzz) of the Finance Act, 1994 („Act?). The Court also held that service tax is a tax on value addition provided by the service provider in the course of renting and insofar as mere renting of immovable property for use in the course of business or commerce is concerned, no value addition is discernible.

Reversal of Cenvat Credit of service tax in case of trading activities

July 1, 2010 7644 Views 0 comment Print

Orion Appliances Ltd (hereinafter referred to as the „appellant?) was engaged in providing maintenance and repair and commissioning and installation services. The appellant was also engaged in trading activities. The appellant availed CENVAT credit of service tax paid on various input services including advertising, security, courier, telephone and banking services which were used in provision of taxable output services as well as for trading activities.

CESTAT Larger Bench decision on levy of service tax in case of turnkey contracts

July 1, 2010 1710 Views 0 comment Print

The Hon?ble CESTAT, Delhi held in case of Daelim Industrial Co. Ltd Vs CCE, Vadodara (‘Daelim’) (2003-TIOL­1 10-CESTAT-DEL) that a works contract cannot be vivisected and a part of it cannot be subjected to service tax. In the case of CCE, Raipur Vs M/s BSBK Pvt. Ltd (2009 (13) STR 26) it was observed by the Hon?ble CESTAT, Delhi that the conclusion in the Daelim case, prima facie, is not in accordance with the law.

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